Opinion
June 9, 1995
Appeal from the Supreme Court, Erie County, Howe, J.
Present — Green, J.P., Lawton, Wesley, Davis and Boehm, JJ.
Determination unanimously confirmed without costs and petition dismissed. Memorandum: The determination to revoke petitioner's parole is supported by substantial evidence. It was within the Hearing Officer's province to disregard petitioner's version as incredible (see, Matter of Madlock v. Russi, 195 A.D.2d 646, 647; People ex rel. Pastore v. Dalsheim, 88 A.D.2d 665, 666). There is no support in the record for petitioner's contention that the Hearing Officer was biased, and no proof that the outcome flowed from the alleged bias (see, Matter of Hughes v. Suffolk County Dept. of Civ. Serv., 74 N.Y.2d 833, 834, mot to amend remittitur granted 74 N.Y.2d 942; People ex rel. Johnson v. New York State Bd. of Parole, 180 A.D.2d 914, 916). Because the record supports the Hearing Officer's determination on each of the six charges against petitioner, the revocation of petitioner's parole for three years is not shocking to one's sense of fairness (see, Matter of Madlock v. Russi, supra, at 647).